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(영문) 의정부지방법원 고양지원 2020.05.21 2020고정59
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide such services for communications of a third party.

Nevertheless, on February 2, 2019, the Defendant sent the pictures showing identification card and opening pledge, etc. to the Defendant’s name (the phone number D, E, F, G, and H) on the same day, and sent them to the Defendant’s cell phone (the phone number D, E, F, G, and H), respectively, on the same day, via the Kakakao Stockholm’s request that “the Defendant would open the phone via the phone via the opening of the phone.”

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reply to communications data (number 4), to reply to a request for the provision of communications data (number 16), to criminal investigation reports (report on confirmation of the number of personal identification numbers opened under the name of the suspect);

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Article 30 of the relevant Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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